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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-02-06 Daily Xml
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RESIDENTIAL TENANCIES (MISCELLANEOUS) AMENDMENT BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation) (17:39): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

This Bill amends the Residential Tenancies Act 1995.

The Residential Tenancies Act regulates the relationship between landlords and tenants. As such, it has a direct effect on the lives and well-being of families and individuals across the State.

The current rental market is significantly different from the rental market of the 1990s when the Residential Tenancies Act was introduced.

This Bill updates the Residential Tenancies Act to reflect the changes that have occurred in the tenancy sector over the past 15 years.

The purpose of the Bill is to improve protections available for parties to tenancy agreements, as well as rooming house agreements and lifestyle village agreements. The Bill has been the result of a lengthy review process that has already seen the enactment of the Residential Parks Act 2007.

This Bill contains a comprehensive range of reforms to the Residential Tenancies Act that are designed to benefit tenants and landlords, by increasing protection and clarity for both. Some reforms are designed to benefit residents and proprietors of rooming houses who are currently subject to minor regulation. Some reforms are designed to improve the administration of the Residential Tenancies Tribunal, which plays the pivotal role in resolving disputes and providing remedies. Additionally, the scope of the Residential Tenancies Act will be expanded to protect residents in lifestyle villages, which provide rental accommodation and services to older South Australians.

The substance of the Bill has been informed by a six week public consultation process that was conducted in May and June of this year. Proposed reforms to the Act were outlined in a Discussion Paper that was released for public comment. 58 respondents made submissions, including various representative groups for landlords, tenants and residents, as well as professional property managers and private landlords and tenants.

The Bill is a result of the feedback received from respondents during the consultation process. Approximately 80 reforms will be made to the Act.

Additionally, the Government is proposing to adopt the national model provisions for the regulation of Residential Tenancy Databases, which are often referred to as 'tenant blacklists' and which can affect the ability of people to secure rental accommodation.

The reforms that are of particular benefit to landlords include improved abandoned goods provisions, which will reduce the time that landlords are required to store goods left behind by a tenant and will simplify notice and disposal requirements. The way water charges are able to be recouped from a tenant will be simplified, so that, in the absence of an agreement about water payments, and where the property is separately metered, tenants will be required to pay for all water usage. A pet bond will be introduced, so that, if a tenant seeks to keep a pet on the property, landlords will be able to charge an additional week's rent in bond. Landlords will be able to claim compensation from tenants for any loss (including loss of rent) caused by the abandonment of the property by the tenant. Additionally, it will be easier for landlords to evict tenants who repeatedly fail to pay their rent on time, as landlords will be able to apply directly to the Tribunal for vacant possession of the property for rent arrears, without serving the tenant with a breach notice, if they have served the tenant with two valid breach notices for rent arrears in the preceding 12 months.

The reforms that are of particular benefit to tenants include improved entry provisions, so that, unless otherwise agreed between the parties, landlords and agents will only be permitted to enter the property between 8am and 8pm and not at all on a Sunday or public holiday. Landlords will be required to make reasonable attempts to negotiate a suitable time for entry if the tenant wishes to be present, having regard to the tenant's work and other commitments. Additionally, landlords and agents will be required to give tenants a 2 hour window within which entry for inspection will occur, which will make it easier for tenants to make arrangements to be present. Landlords will be required to permit a tenant to pay rent by at least one method that does not involve payment by cash, which is often collected by landlords at the property and used as an unofficial inspection, or payment using a third party rent collection agency, where the tenant is required to pay a fee for the service. Landlords will be responsible for the reasonable losses of the tenant flowing from a failure to repair, or to take reasonable steps to repair, after notification by the tenant. Additionally, rent under a fixed-term tenancy will not be able to be varied unless 12 months, instead of the current 6 months, have elapsed since the rent was fixed or last increased.

Additionally, tenants will benefit from the adoption of the national model provisions for the regulation of Residential Tenancy Databases. These are privately owned electronic databases which contain information about an individual's tenancy histories. Most agents subscribe to one or more and use them to screen prospective tenants for the purpose of renting private properties. Because these databases can affect a person's ability to secure rental accommodation, it is essential that they contain accurate and complete information. In reality, however, many contain inaccurate or incomplete information. A national project was created to examine these databases and their current regulation, and to develop a nationally consistent framework. The model provisions seek to promote the accuracy and quality of a listing, ensure tenants can access and correct listings, and clearly define events that constitute a breach that justifies a listing. In 2010 Ministers on the then Ministerial Council on Consumer Affairs agreed to adopt the model provisions in their jurisdictions. I understand that most jurisdictions have introduced legislation to adopt the model provisions and have either commenced implementation or had proposed to commence implementation in 2012.

The main reforms that will benefit rooming house residents, who are often vulnerable and disadvantaged, include the requirement that proprietors lodge residents' bonds with the Commissioner for Consumer Affairs. Proprietors will be prohibited from taking or disposing of a resident's goods as security for, or in payment of, an amount payable by the resident under the agreement. Proprietors will be required to provide residents with itemised accounts for additional services, for example food or laundry, showing the resident's proportional use of the services each time the resident is charged for those services. Proprietors will be required to provide lockable drawers to residents in dual occupancy rooms to ensure the security of their possessions. Additionally, residents will be able to apply to the Tribunal for an order declaring a house rule to be unreasonable and void.

The main reforms of particular benefit to rooming house proprietors include the ability of proprietors to be able to deduct from the bond, the cost of repairs to any part of the rooming house damaged by the resident. Additionally, proprietors will be able to claim compensation for loss caused by a resident who breaks a fixed term agreement of at least 6 months.

The Bill expands the scope of the Residential Tenancies Act to extend its application to operators, owners and residents of lifestyle villages. Lifestyle villages (sometimes called 'rental villages') are residential villages where residents live in self-contained rental units in a retirement environment. The provision of lifestyle village accommodation is presently unregulated because it falls between the Residential Tenancies Act and the Retirement Villages Act 1987. Residents are vulnerable because they are elderly and generally on low incomes, usually just the pension. Therefore there is a strong case for regulating both the provision of accommodation and the additional services that are provided to residents. This will involve treating lifestyle village agreements like residential tenancy agreements.

The main reform which will improve the operation of the Residential Tenancies Act is the introduction of a standard form agreement for residential tenancies. The proposal aims to rectify the issue surrounding application-to-rent forms which currently fall outside the scope of the Act, and which may be used to unintentionally lock in a tenant at the application stage. A standard form agreement will be of benefit to all parties to a tenancy agreement as it will create consistency and uniformity across the rental market and will assist parties to better understand their rights and obligations.

The efficiency of the Tribunal will be improved by enabling it to determine disputes without conducting a hearing, based on the application and the documentation provided by the parties. Additionally, the powers of the Registrar, the Tribunal's principal administrative officer, will be increased to include the making of an order, that will operate as an order of the Tribunal, where both parties agree with the application made.

The enforcement of the Residential Tenancies Act will be improved by an increase in maximum penalties and expiation fees. Most significantly, the expiation fee for late lodgement of a tenant's bond with the Commissioner for Consumer Affairs is being increased from $150 to $315.

It is anticipated that the Bill will have widespread benefits across the community.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Residential Tenancies Act 1995

4—Amendment of section 3—Interpretation

The terms security and security bond are replaced with the term bond. As defined by the inserted definition, bond has the same meaning as 'security' in the current Act.

A definition of no premium retirement village is added. A no premium retirement village is a complex of residential premises or a number of separate complexes of residential premises that are not a retirement village within the meaning of the Retirement Villages Act 1987 only because no resident or prospective resident of the village pays a premium in consideration for, or in contemplation of, admission as a resident of the village. In connection with this term, collateral agreement is defined to make it clear that, in relation to a residential tenancy agreement for residential premises in a no premium retirement village, a collateral agreement includes a domestic services agreement that a tenant of the premises is required to enter into as a condition of the residential tenancy agreement or otherwise as a condition of admission as a resident of the village. A domestic services agreement is an agreement with a tenant of residential premises in a no premium retirement village for the provision of domestic services (such as meals, cleaning, gardening and laundry of linen). Also in connection with the insertion of the definition of no premium retirement village, a new definition of rent is substituted. The new definition incorporates the current definition but expands the definition so that, if the residential tenancy agreement is for residential premises in a no premium retirement village and there is a domestic services agreement collateral to the residential tenancy agreement, rent includes the amount payable under the domestic services agreement for the period of the tenancy.

Domestic facility requiring instructions is defined under a new definition as an appliance or device provided by a landlord for the use of a tenant for which it would be reasonable to expect the tenant to require instructions. Personal documents are official documents, photographs, correspondence or other documents that it would be reasonable to expect a person might wish to keep.

The definition of statutory rates, taxes and charges is replaced by a new definition of statutory charges. Statutory charges are—

rates or charges imposed under the Local Government Act 1999;

rates or charges imposed under the Waterworks Act 1932 or the Sewerage Act 1929;

land tax under the Land Tax Act 1936;

levies under the Emergency Services Funding Act 1998;

levies under the Natural Resources Management Act 2004;

any charges of a kind imposed under an Act and declared by regulation to be statutory charges.

The definition of tenancy dispute is amended so that the term includes any matter that may be the subject of an application under the Act to the Residential Tenancies Tribunal.

5—Amendment of section 5—Application of Act

Section 5 lists types of agreements to which the Act does not apply. The list includes agreements under which persons board or lodge with other persons. The section is amended to make it clear that a residential tenancy agreement for residential premises in a no premium retirement village is to be taken not to be an agreement under which a person boards or lodges with another.

The list of types of agreements to which the Act does not apply also includes agreements for the sale of land that also confer a right to occupy premises on a party to the agreement. The relevant provision is amended so that the Act does not apply to the agreement only if the right conferred is to occupy premises for a period of 28 days or less.

6—Substitution of section 15

Currently, under section 15, the registrar and deputy registrars of the Residential Tenancies Tribunal are appointed by the Governor. This clause substitutes a new section that provides that the registrar and deputy registrars are to be Public Service employees and also makes it clear that the registrar is the Tribunal's principal administrative officer and reports to the Commissioner for Consumer Affairs. In directing the registrar in relation to the administration of the Tribunal, the Commissioner must consult with the Presiding Member of the Tribunal.

7—Amendment of section 16—Registrar may exercise jurisdiction in certain cases

Under section 16 as proposed to be amended by this clause, the registrar of the Tribunal will be able to make an order in relation to a tenancy dispute with the written consent of the parties to the dispute. The order will operate as an order of the Tribunal.

8—Amendment of section 21—Duty to act expeditiously

This consequential amendment is to be made because under section 32 as amended by clause 13 the Tribunal will be able to determine an application without proceeding to a hearing.

9—Amendment of section 24—Jurisdiction of Tribunal

The first amendment made by this clause to section 24 is consequential on the expansion of the definition of 'tenancy dispute' to include any matter that may be the subject of an application under the Act to the Tribunal.

The other amendments made by this clause increase the jurisdictional limits of the Tribunal from $10,000 to $40,000.

10—Amendment of section 25—Application to Tribunal

Under section 25, the Tribunal is required to give any party to an application notice in writing of the application and notice of the nature of the application. Under the section as amended by this clause, a notice directed to an occupier or subtenant of premises need not address the occupier or subtenant by name.

11—Repeal of Part 3 Division 4

Division 4 of Part 3, which authorises the Tribunal to refer contested proceedings to conferences and deals with certain associated procedural matters, is repealed by this clause because the provisions of the Act relating to conciliation and conferences are to be consolidated into a new Division. (See clause 70.)

12—Amendment of section 31—Tribunal's power to gather evidence

This clause substitutes a new maximum penalty. The clause also inserts a new subsection providing that evidence before the Tribunal cannot be used in criminal proceedings other than proceedings for an offence against the Act or perjury.

13—Amendment of section 32—Procedural powers of Tribunal

Section 32 sets out the procedural powers of the Tribunal. Under the section as proposed to be amended by this clause, the Tribunal will be able to determine an application without proceeding to a hearing if the Tribunal is satisfied that the issues for determination can be adequately determined in the absence of the parties by consideration of the application and other documents or materials.

The Tribunal will also be able to decline to entertain an application if it considers that the application is vexatious or frivolous or involves a trivial matter or amount.

The section as amended will also provide that—

the Tribunal's proceedings are to be conducted with the minimum of formality;

the Tribunal is not bound by evidentiary rules but may inform itself as it thinks appropriate;

the Tribunal must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.

14—Repeal of Part 3 Division 6

Division 6 of Part 3, which authorises a person constituting the Tribunal to appoint a mediator or personally endeavour to bring about a settlement of proceedings, is repealed by this clause because the provisions of the Act relating to conciliation and conferences are to be consolidated into a new Division. (See clause 70.)

15—Amendment of section 37—Application to vary or set aside order

Under section 37, a party to proceedings before the Tribunal may apply to the Tribunal for an order varying or setting aside an order made by the Tribunal. The section currently requires the application to be made within 3 months of the making of the order, though the Tribunal may allow an extension of time.

Under the section as amended, the application must be made within 1 month of the making of the order. However, if the reasons of the Tribunal are not given in writing at the time the order is made, and a party to the proceedings requests written reasons, the application must be made within 1 month of the day on which the written reasons are received by the person.

16—Amendment of section 41—Appeals

This amendment to section 41 makes it clear that an appeal from a decision or order of the Tribunal lies to the Administrative and Disciplinary Division of the District Court. Subsection (2) is to be deleted because it deals with matters that are the subject of Division 2 of Part 6 of the District Court Act 1991.

17—Repeal of section 42

Section 42 provides that the District Court or the Tribunal may suspend the operation of an order if an appeal against the order has been commenced. This section is to be repealed because section 42D of the District Court Act 1991 provides that the Court or the original decision-maker may make on order staying or varying the operation or implementation of a decision appealed against pending determination of the appeal.

18—Amendment of section 45—Punishment of contempts

Section 45 provides that the Tribunal may punish a contempt by imposing a fine not exceeding $2,000 or by committing a person to imprisonment until the contempt is purged for a period not exceeding 6 months. This clause amends the section by increasing the maximum fine to $5,000 and the maximum period of imprisonment to 1 year. The Tribunal will also be able to punish a contempt of the Tribunal by suspending the right of a person to represent parties to tenancy disputes. The section as amended will also provide that an order for commitment made by the Tribunal may be executed as if it were an order for commitment made by the Magistrates Court.

19—Amendment of section 46—Fees

Section 46 authorises the prescription by regulation of fees in relation to proceedings in the Tribunal. It is proposed to amend the section to make it clear that a fee paid by a party is not recoverable, including in connection with an award of costs or an order to pay compensation.

20—Amendment of section 47—Procedural rules

Section 47 provides that the Presiding Member of the Tribunal may make Rules of the Tribunal. The proposed amendment to this section makes it clear that the Subordinate Legislation Act 1978 does not apply to Rules of the Tribunal.

21—Insertion of Part 4 Division A1

Proposed section 47A, within Division A1 of Part 4, requires a landlord to ensure that a prospective tenant is advised, before entering into a residential tenancy agreement, if the landlord has advertised, or intends to advertise, the residential premises for sale and of any existing sales agency agreement for the sale of the premises.

22—Substitution of section 48

Section 48 currently requires a landlord to notify a tenant of the full name and address of the landlord and, if the landlord is a company, the address of the registered office of the company. This section is to be repealed and replaced with a new section that requires a landlord to provide the following information in writing to a tenant before or at the time the landlord and tenant enter into a residential tenancy agreement:

if an agent is acting for the landlord—the agent's name, telephone number and address for service of documents; and

the landlord's full name and address for service of documents (which must not be the agent's address for service); and

if no agent is acting for the landlord—the landlord's telephone number; and

the full name and address of any person with superior title to the landlord; and

if the landlord is a company—the address of the registered office of the company; and

any other information required by the Commissioner.

Under the proposed new section, the landlord is also required to take reasonable steps to ensure that a tenant is given manufacturers' manuals, or written or oral instructions, about the operation of any domestic facilities requiring instructions, that is, any appliance or device provided by the landlord for the use of the tenant for which it would be reasonable to expect the tenant to require instructions.

If a person succeeds another as the landlord, the new landlord must, within 14 days, ensure that the tenant is given written notice of—

if an agent is acting for the new landlord—the agent's name, telephone number and address for service of documents; and

the new landlord's full name and address for service of documents (which must not be the agent's address for service); and

if no agent is acting for the new landlord—the new landlord's telephone number; and

if the new landlord is a company—the address of the registered office of the company; and

any other information required by the Commissioner.

23—Substitution of section 49

Under proposed new section 49, a written residential tenancy agreement must be in the form approved by the Commissioner. It is an offence for a landlord or tenant to prepare or authorise the preparation of a written residential tenancy agreement that is not in the approved form. A failure to comply with the section does not make the residential tenancy agreement illegal, invalid or unenforceable.

24—Amendment of section 50—Cost of preparing agreement

This amendment to section 50 is consequential on the proposal to require a written residential tenancy agreement to be in an approved form.

25—Amendment of section 51—False information from tenant

This clause substitutes a new maximum penalty for the offence committed if a tenant gives a landlord false information about his or her identity or place of occupation.

26—Amendment of section 52—Discrimination against tenants with children

This clause increases the maximum penalties for offences related to discriminating against tenants with children.

27—Amendment of section 53—Permissible consideration for residential tenancy

The term bond is substituted for security. This clause also substitutes a higher maximum penalty for the offence of requiring or receiving from a tenant or prospective tenant a payment for a residential tenancy or the renewal or extension of a residential tenancy other than rent or a bond.

28—Amendment of section 54—Rent in advance

This clause substitutes new maximum penalties for offences related to requiring a tenant to pay rent in advance or requiring a tenant to give a post-dated cheque or other post-dated instrument in payment of rent. The clause also adds new expiation fees.

29—Amendment of section 55—Variation of rent

Section 55 permits a landlord to increase the rent payable under a residential tenancy agreement but places restrictions on that right. Currently, the section provides that the date fixed for an increase of rent must be at least 6 months after the date of the agreement or the last such increase. This clause amends the section by increasing the relevant period to 12 months.

This clause also deletes a reference to a registered housing co-operative and substitutes registered community housing organisation, which means a registered housing association or a registered housing co-operative.

30—Amendment of section 56—Excessive rent

As a consequence of the amendment made by this clause, the Tribunal will, when determining whether rent payable under a residential tenancy agreement for residential premises in a no premium retirement village is excessive, be able to have regard to the estimated costs of goods and services provided under any domestic services agreement collateral to the agreement.

31—Insertion of section 56A

Proposed new section 56A requires a landlord under a residential tenancy agreement to permit a tenant to pay rent under the agreement by at least one means that does not involve the payment of cash by the tenant or the collection of rent from the tenant by a third party who charges a fee payable by the tenant for the collection.

32—Amendment of section 57—Landlord's duty to keep proper records of rent and other payments

A landlord is required under section 57 to keep a proper record of rent received under a residential tenancy agreement. Under the section as amended, a landlord will be required to ensure that the following information is recorded in respect of payments received under a residential tenancy agreement:

the date on which the payment was received;

the name of the person making the payment;

the amount paid;

the address of the premises to which the payment relates;

if the payment is for rent—the period of the tenancy to which the payment relates;

if the payment is a bond—a statement of that fact;

if the payment is not for rent or a bond—a description of the purpose of the payment, including, if applicable, the period of time to which the payment relates.

This clause also increases the maximum penalty and adds a new expiation fee.

33—Substitution of section 58

Section 58 currently requires a landlord to give a receipt to a person paying rent under a residential tenancy agreement within 48 hours of the payment. This clause repeals section 58 and substitutes 2 new sections.

58—Duty to provide statement or give receipt for rent

Proposed new section 58 provides that a landlord must, at the written request of a tenant, give the tenant a statement of the information recorded by the landlord under section 57 in respect of rent received during the period specified in the request. The statement is to be given to the tenant within 7 days of the request. Additionally, if a tenant pays rent other than into an ADI account, the person who receives the rent is required to give the tenant a receipt setting out the information required to be recorded by the landlord under section 57(1) in respect of the rent received.

58A—Payment of rent by electronic transaction

If a tenant pays rent into an ADI account, the payment will be taken to have been made when it is credited to the account.

34—Amendment of heading to Part 4 Division 4

This amendment is consequential on the change in terminology from security to bond.

35—Amendment of section 61—Bond

Most of the amendments made by this clause are consequential on the change in terminology from security to bond.

A change is also made to the definition of relevant limit, which restricts the amount a landlord can require a tenant to pay for a bond under a residential tenancy agreement. The revised definition will allow a landlord to require a tenant to pay an extra amount if the tenant keeps a pet at the residential premises. Under the revised definition, the relevant limit is determined as follows:

if the rent payable under the agreement does not exceed the prescribed amount (which must be at least $250 per week), the relevant limit is—

in the case of an agreement under which the tenant is permitted, at the request of the tenant, to keep an animal at the residential premises—5 weeks rent under the agreement; and

in any other case—4 weeks rent under the agreement;

if the rent payable under the agreement exceeds the prescribed amount, the relevant limit is—

in the case of an agreement under which the tenant is permitted, at the request of the tenant, to keep an animal at the residential premises—7 weeks rent under the agreement; and

in any other case—6 weeks rent under the agreement.

36—Amendment of section 62—Receipt of bond and transmission to Commissioner

The amendments made to section 62 by this clause are consequential on the change of terminology from 'security' to 'bond'. Changes are also made to the penalty provisions so as to increase the maximum penalties and expiation fees.

37—Amendment of section 63—Repayment of bond

This clause, in addition to making consequential amendments related to changes in terminology, amends section 63 so that if a landlord applies to the Commissioner for payment of the whole amount of a bond to him or herself more than 12 months after the termination of the residential tenancy agreement, and the application is liable to be disputed, the Commissioner must refer the application to the Tribunal for determination. The Tribunal may authorise payment of the amount of the bond as proposed by the landlord if the Tribunal is satisfied, on the basis of information provided by the landlord, that the landlord is entitled to the payment.

A further amendment is proposed to make it clear that references in section 63(7) and (9) to payment of a bond by a third party refer to payment of the bond by the third party on behalf of the tenant.

38—Amendment of section 65—Quiet enjoyment

This clause substitutes a new penalty provision.

An additional amendment is proposed to delete the words under subsection (2) stating that liability for prosecution for an offence is in addition to civil liability for breach of the residential tenancy agreement. These words will become redundant when the amendment proposed by clause 76 to insert new section 117A is made.

39—Amendment of section 66—Security of premises

Section 66 as amended by this clause will make it a term of a residential tenancy agreement that neither the landlord nor the tenant will unreasonably withhold his or her consent to the alteration, removal or addition of a lock or security device by the other party at the expense of the other party.

This clause also substitutes increased maximum penalties for offences under the section.

40—Amendment of section 68—Landlord's obligation to repair

Section 68(3) currently allows a tenant to recover reasonable costs incurred by the tenant in having a state of disrepair remedied if the state of disrepair is likely to result in personal injury, damage to property or undue inconvenience and the tenant has notified the landlord of the state of disrepair or made a reasonable attempt to do so.

Under the subsection as recast by this clause, the tenant will also be entitled to reasonable compensation for damage to property resulting from the state of disrepair after the tenant has notified, or made a reasonable attempt to notify, the landlord of the state of disrepair. The tenant is required to take reasonable steps to mitigate any loss and is not entitled to compensation for damage that could have been avoided by those steps.

41—Amendment of section 69—Tenant's responsibility for cleanliness, damage and loss

Under section 69 as amended by this clause, it is a term of a residential tenancy agreement that the tenant must replace, or compensate the landlord for the reasonable cost of replacing, any ancillary property lost or destroyed while in the care of the tenant.

The section as amended also provides that if a tenant unintentionally causes damage to the premises or ancillary property as a result of the use of a domestic facility requiring instruction, the landlord is not entitled to compensation for the damage unless—

the domestic facility is listed in the residential tenancy agreement as a domestic facility requiring instruction; and

the landlord complied with section 48(2) in relation to the domestic facility.

(Under section 48(2), the landlord is required to take reasonable steps to ensure that a tenant is given manufacturers' manuals, or written or oral instructions, about the operation of any appliance or device provided by the landlord for the use of the tenant for which it would be reasonable to expect the tenant to require instructions.)

42—Amendment of section 70—Alteration of premises

Under section 70, it is a term of a residential tenancy agreement that a tenant must not make an alteration or addition to the premises without the landlord's written consent. As amended by this clause, the landlord's consent must not be unreasonably withheld.

43—Insertion of Part 4 Division 9A

Proposed section 71A, which is within Division 9A of Part 4, introduces a requirement for the landlord under a residential tenancy agreement to give the tenant written notice of the landlord's intention to sell the residential premises. The notice must be given not later than 14 days after the landlord enters into a sales agency agreement for the sale of the premises or determines to make the premises available for inspection by prospective purchasers. The proposed section also makes it a term of a residential tenancy agreement that the residential premises will not be advertised for sale or made available for inspection by prospective purchasers before the day falling 14 days after the tenant is given notice of the landlord's intention to sell the premises.

44—Substitution of section 72

This clause recasts the provision of the Act setting out the landlord's right of entry to residential premises under a residential tenancy agreement. One important feature of the proposed new section is that the landlord will not ordinarily be permitted to enter the premises outside of normal hours, that is, between 8am and 8pm on any day other than a Sunday or public holiday. Under proposed new section 72, it is a term of a residential agreement that the landlord (or an agent of the landlord) may enter the premises in the following circumstances:

in an emergency;

to collect rent (if a reasonable alternative method of payment of rent not involving attendance at the premises has been offered to, but not accepted by, the tenant)—

not more than once each week; and

only at a time previously arranged with the tenant (which may only be outside normal hours if the arrangement has been made no more than 7 days before the day of entry);

to inspect the premises, but not more than once each 4 weeks and only in accordance with a written notice given to the tenant no less than 7 and no more than 14 days before the day of entry stating the purpose of the proposed entry and the date of the proposed entry and specifying a period of up to 2 hours (which must be within normal hours) within which the proposed entry will occur (but the requirement to specify a 2 hour period does not apply if the premises are in a remote location or the landlord or agent is to be accompanied by a person);

to carry out garden maintenance, but only—

at a time previously arranged with the tenant no more than 7 days before the day of entry; or

in accordance with a written notice given to the tenant no less than 7 and no more than 14 days before the day of entry stating the purpose of the proposed entry and the date and time (which must be within normal hours) of the proposed entry;

to carry out necessary maintenance (other than garden maintenance) or repairs (other than in an emergency), but only at a time within normal hours of which the tenant has been given at least 48 hours notice; or

to show the premises to prospective tenants during the period of 28 days preceding the termination of the tenancy agreement, but only on a reasonable number of occasions and only at a time within normal hours of which the tenant has been given reasonable notice; or

to show the premises to prospective purchasers, on not more than 2 occasions in any 7 day period (unless the tenant has agreed otherwise), but only—

at a time previously arranged with the agreement of the tenant (who must not unreasonably refuse to agree to times when the premises are to be available for inspection by prospective purchasers); or

if agreement cannot be reached with the tenant—at a time within normal hours of which the tenant has been given reasonable notice;

if the landlord has given the tenant notice of a breach of the residential tenancy agreement under section 80—to determine whether the breach has been remedied, but only in accordance with a written notice in the prescribed form given to the tenant no less than 7 and no more than 14 days before the day of entry stating the purpose of the proposed entry and the date and time (which must be within normal hours) of the proposed entry;

for some other genuine purpose, but only—

in accordance with a written notice given to the tenant no less than 7 and no more than 14 days before the day of entry and stating the purpose of the proposed entry and the date and time (which must be within normal hours) of the proposed entry; or

with the consent of the tenant;

if the landlord believes on reasonable grounds that the tenant has abandoned the premises.

It will also be a term of a residential tenancy agreement that if the tenant has indicated to the landlord that he or she wishes to be present during the period when the landlord or landlord's agent is at the premises, the landlord (or an agent of the landlord) may not enter the premises unless a reasonable effort has been made to arrange for the visit to occur at a time when it is convenient for the tenant to be present (having regard to the work and other commitments of both the tenant and the persons entering the premises).

45—Substitution of heading to Part 4 Division 11

This amendment is consequential on the proposed change in terminology from 'statutory rates, taxes and charges' to 'statutory charges'.

46—Amendment of section 73—Statutory charges

Currently, under section 73, rates and charges for water supply are to be borne as agreed between the landlord and the tenant. In the absence of an agreement, the landlord is to bear the rates and charges for water supply up to a limit fixed or determined under the regulations, and any amount in excess of the limit is to be borne by the tenant.

Under the section as amended, it will still be the case that rates and charges for water supply are to be borne as agreed between the landlord and tenant. However, if there is no agreement, and the supply of water to the premises is separately metered, the rates and charges are to be borne by the tenant. If the supply of water to the premises is not separately metered, the rates and charges are to be borne by the landlord.

Despite that general rule, a tenant will not be required to pay rates and charges for water supply if the landlord does not request payment of the rates and charges within 3 months of the issue of the bill for the rates and charges. Further, the tenant is not required to pay the rates and charges if he or she has requested a copy of the account for the rates and charges and the landlord has failed to provide the copy to the tenant within 14 days of the request and at no cost.

47—Amendment of section 74—Assignment of tenant's rights under residential tenancy agreement

The primary purpose of this clause is to substitute registered community housing organisation for registered housing co-operative. The opportunity has also been taken to improve the readability of subsection (2a), which is currently very long, by dividing it into separate subsections.

48—Amendment of section 77—Accelerated rent and liquidated damages

This clause inserts an increased maximum penalty and adds an expiation fee.

49—Insertion of section 78A

Proposed section 78A provides that a landlord is entitled to compensation for costs or expenses reasonably incurred in connection with a residential tenancy agreement as a direct consequence of a tenant being at fault.

50—Amendment of section 79—Termination of residential tenancy

Section 79 currently provides that a residential tenancy for a fixed term terminates when the fixed term comes to an end. This is inconsistent with proposed section 79A, to be inserted by clause 51, under which an agreement for a fixed term is to continue as a periodic tenancy unless if it has otherwise terminated. This clause therefore varies section 79 so that there is no inconsistency.

51—Insertion of section 79A

Under proposed section 79A, a residential tenancy agreement for a fixed term that has not terminated before the end of the fixed term continues as a residential tenancy agreement for a periodic tenancy. The section does not apply in relation to a residential tenancy agreement that, under section 4, is for a short fixed term, that is, a term of 90 days or less.

52—Amendment of section 81—Termination because possession is required by landlord for certain purposes

This clause substitutes increased maximum penalties for the offences under section 81.

53—Amendment of section 83—Termination by landlord without specifying a ground of termination

Section 83(2) is recast by this clause, though no substantive change is made to the provision.

54—Insertion of sections 83A and 83B

This clause inserts two new sections.

83A—Notice to be given at end of fixed term

Under proposed section 83A, a landlord may terminate a residential tenancy agreement for a fixed term at the end of the fixed term. This may be done by giving the tenant a notice of termination. The landlord is not required to specify a ground of termination.

83B—Termination where agreement frustrated

Proposed section 83B gives a landlord the ability to terminate a residential tenancy agreement on the ground that the premises have been destroyed or rendered uninhabitable or have ceased to be lawfully usable for residential purposes. A notice terminating a residential tenancy agreement on either of those grounds may terminate the agreement immediately. An agreement may also be terminated by a landlord on the ground that the premises have been acquired by compulsory process. Notice of termination on that ground must provide for a period of notice of at least 60 days.

55—Amendment of section 84—Limitation of right to terminate

Section 84 places a limitation on the right of a landlord to terminate a residential tenancy agreement if the premises are subject to a housing improvement notice or if an order is in force under section 56 (or proceedings for such an order have been commenced). The section as amended will provide that, in those circumstances, the tenancy may only be terminated by the landlord by notice of termination if the notice is given on a prescribed ground and the Tribunal authorises the notice.

56—Insertion of section 85A

Under proposed section 85A, a tenant may terminate the tenancy if, within 2 months of the start of the residential tenancy agreement, the premises are sold. The tenant may terminate the agreement on this ground only if he or she was not given notice as required under section 47A before the agreement was entered into.

57—Insertion of sections 86A and 86B

This clause inserts 2 new sections.

86A—Notice to be given at end of fixed term

Proposed section 86A provides that the tenant under a residential tenancy agreement for a fixed term may terminate the agreement at the end of the fixed term. The tenant is not required to specify a reason for the termination in the notice of termination.

86B—Termination where agreement frustrated

Under proposed section 86B, a tenant is able to terminate a residential tenancy agreement on the ground that the premises have been destroyed or rendered uninhabitable, have ceased to be lawfully usable for residential purposes or have been acquired by compulsory process. A notice terminating a residential tenancy agreement on any of those grounds may terminate the agreement immediately.

58—Amendment of section 87—Termination on application by landlord

Section 87 deals with the circumstances in which the Tribunal may terminate a residential tenancy on the application of a landlord. Under the section as amended by this clause, a residential tenancy may be terminated and an order for repossession made if the tenant has failed to pay rent and, on at least 2 occasions in the preceding 12 months, the tenant was given a notice under section 80 of a breach on the ground of a failure to pay rent and the notice was not ineffectual within the meaning of section 80(2).

Under section 80, a landlord may give a tenant a notice specifying a breach of a residential tenancy agreement by the tenant and requiring the tenant to remedy the breach within a specified period. A notice given on the ground of a failure to pay rent is ineffectual unless the rent has remained unpaid in breach of the agreement for at least 14 days before the notice was given.

59—Amendment of section 90—Tribunal may terminate tenancy if tenant's conduct unacceptable

Section 90 specifies the circumstances in which the Tribunal may terminate a residential tenancy in connection with unacceptable conduct of the tenant. An application for termination may be made to the Tribunal by an interested person. This clause expands the definition of 'interested person' by adding strata and community corporations, police officers and authorised officers under the Fair Trading Act 1987.

If an application relating to a tenant is, or is to be, made under the section by an authorised officer within the meaning of the Fair Trading Act 1987, the authorised officer may refer the application to the Commissioner of Police who must make relevant information available to the officer (unless the Commissioner of Police considers there is good reason for withholding the information).

60—Insertion of section 92A

Under proposed section 92A, a notice of termination given to a tenant is ineffectual if, within 1 month of the day on which a tenant is to give up vacant possession of premises in accordance with the notice, the tenant has not done so and the landlord has not applied to the Tribunal for an order for possession of the premises.

61—Amendment of section 93—Order for possession

This clause recasts section 93(1) as a consequence of proposed changes in relation to the termination of residential tenancies for fixed terms.

62—Amendment of section 94—Abandoned premises

Under section 94, the Tribunal may, on application, declare that a tenant abandoned premises on a stated day and make an order for immediate possession of the premises. This clause amends the section by adding a list of matters to which the Tribunal may have regard in determining whether a tenant has abandoned premises.

63—Amendment of section 95—Repossession of premises

This clause substitutes a new maximum penalty.

64—Substitution of Part 5 Division 7

This clause replaces section 97, which deals with abandoned goods, with a new set of provisions dealing with abandoned property.

Division 7—Abandoned property

97—Abandoned property

The new Division applies to property left in residential premises by a tenant following the termination of a residential tenancy agreement.

97A—Offence to deal with abandoned property in unauthorised way

If a landlord deals with abandoned property otherwise than in accordance with the Division, he or she is guilty of an offence with a maximum penalty of $2,500.

97B—Action to deal with abandoned property other than personal documents

A landlord may remove perishable goods from the premises, and destroy the perishable goods, at any time after he or she recovers possession of the premises.

When at least 2 days have passed after the landlord recovers possession of the premises, he or she may remove and destroy or dispose of abandoned property if the value of the property is less then a fair estimate of the cost of removal, storage and sale of the property.

Abandoned property that can't be dealt with because it does not fall within either of the above categories is valuable abandoned property. Section 97B sets out a number of special requirements in relation to valuable abandoned property. The landlord must endeavour to notify the tenant that the property has been found. The landlord must also take reasonable steps to keep the property safe for 28 days after recovering possession of the premises. A person who is entitled to possession of the property may reclaim the property (but he or she must pay to the landlord the reasonable costs incurred by the landlord in dealing with the property as required under the Division).

If the valuable abandoned property is not reclaimed within 28 days, the landlord may sell or otherwise lawfully dispose of the property as if the landlord owned the property.

If the property is sold in accordance with the section, the landlord may retain out of the proceeds the reasonable costs incurred by the landlord in dealing with the property and any other reasonable costs incurred by the landlord as a result of the property being left on the premises and any amounts owed to the landlord under the residential tenancy agreement. The balance (if any) must be paid to the owner of the property, or if the identity and address of the owner are not known to, or reasonably ascertainable by, the landlord, to the Commissioner for the credit of the Fund.

97C—Action to deal with abandoned personal documents

Different rules apply in relation to abandoned property consisting of personal documents. The landlord must make reasonable efforts to notify the tenant that the documents have been found on the premises and take reasonable steps to keep the documents safe for at least 28 days. If the documents are not reclaimed within that 28 day period, the landlord may destroy or dispose of the documents.

65—Amendment of section 99—Enforcement of orders for possession

Under section 99 as amended by this clause, the Tribunal will be required to enforce an order for possession of premises only if the landlord advises the Tribunal within 14 days of the making of the order (or such longer period as the Tribunal may allow) that the order has not been complied with.

66—Insertion of Part 5A

This clause inserts a new Part. Part 5A provides requirements for residential tenancy database operators, and landlords and agents who use those databases for the purpose of determining whether a residential tenancy agreement will be entered into. The Part contains a range of offences applicable to landlords, their agents and residential tenancy database operators for failure to comply with the requirements of the Part. The proposed penalties for offences under Part 5A are capped at a maximum penalty of $5,000 or an expiation fee of $315.

Part 5A—Residential tenancy databases

99A—Definitions

This section provides definitions for Part 5A. Notably the section defines database, personal information and residential tenancy database. The section also defines, in relation to personal information, the terms inaccurate and out of date.

99B—Application

The proposed section excludes from the application of Part 5A databases kept by entities (including government departments) for use only by those entities.

99C—Notice of usual use of database

Landlords or their agents are required to give applicants for tenancies written notice containing details of residential databases that the landlord or agent usually uses or may use for deciding whether a residential tenancy agreement will be entered into. Specifically, the landlord or agent is required to provide a written notice stating—

the name of each residential database that he or she uses or may use;

that the reason that he or she uses the database is for checking the applicant's tenancy history; and

contact details for the database operator so that the applicant may obtain information from the operator.

The landlord or agent must provide the applicant with those details for each residential tenancy database that he or she uses or usually uses, regardless of whether or not the database is used for the individual's application for tenancy. The landlord or agent can dispense with the requirement to provide notice of residential tenancy database use at the time of application if he or she has provided the applicant with written notice of those details in the 7 days prior to the application for tenancy being made. A landlord or agent who fails to give notice as required by the proposed section is guilty of an offence and liable to a maximum penalty of $5,000 or an expiation fee of $315.

99D—Notice of listing if database used

Where a residential tenancy database has been used, and contains information about an applicant, the landlord or agent must give written notice to the applicant. The landlord or agent must include in the written notice—

the name of the residential tenancy database that was used;

that personal information is stored in the database;

who entered the personal information stored in the database;

how and in what circumstances the applicant can have the personal information removed or amended.

Landlords or agents who fail to give notice as required and within 7 days of database use are guilty of an offence.

99E—Listing can be made only for particular breaches by particular persons

This proposed section provides the requirements for a landlord or agent to list personal information in a residential tenancy database. A landlord, landlord's agent or database operator must not list information about a person in a residential tenancy database unless—

the person was a tenant in a residential tenancy agreement that has ended;

the person breached the agreement;

because of the breach, the person either—

owes the landlord an amount that is more than the bond for the agreement; or

the Tribunal has made an order terminating the residential tenancy agreement; and

the personal information relates only to the breach and is accurate, complete and unambiguous.

The proposed section provides that despite those requirements, the personal information listed must indicate the nature of the breach. The section contains examples of how personal information can indicate the nature of a breach using examples of where a person has rent in arrears or has damaged the premises.

99F—Further restriction on listing

The proposed section provides further requirements for landlords or agents listing personal information on residential databases. Landlords, their agents or database operators must not list personal information on a residential tenancy database unless they have—

without charging the person a fee, given the person a copy of the personal information or taken reasonable steps to disclose the information to the person;

given the person 14 days to review the personal information;

allowed the person to make submissions objecting to its entry on the database or about its accuracy, completeness or clarity; and

considered any submissions made by the person.

The proposed section provides that despite those requirements, the personal information may be listed if the landlord, agent or database operator cannot locate the person. The further requirements do not apply to information that is either at the time of listing contained in publicly available court or Tribunal records or to listings involving amendments to personal information under proposed section 99G.

99G—Ensuring quality of listing—landlord's or agent's obligation

Proposed section 99G places an onus on landlords and agents to notify a database operator when they become aware that information listed by the landlord or agent on the tenancy database is inaccurate, incomplete, ambiguous or out of date. The landlord or agent must notify the database operator that the information is inaccurate, incomplete or ambiguous and how the information can be amended so that it is no longer inaccurate, incomplete or ambiguous. Where information is out of date, the written notice provided by the landlord or agent must specify that the information is out of date and must be removed. The landlord or agent must keep a copy of the written notice provided to the database operator for 1 year after the notice given. Failure to comply with this section is an offence.

99H—Ensuring quality of listing—database operator's obligation

This offence provision places a requirement on database operators to correct information within 14 days of being notified in writing by a landlord or agent that personal information listed on the database (by the landlord or agent) is inaccurate, incomplete or ambiguous. Failure by the database operator to amend the information in the way stated by the landlord or agent is an offence under the proposed section.

99I—Providing copy of personal information listed

Proposed section 99I requires that where a landlord or agent has listed personal information in a residential tenancy database, and is requested in writing by the person to provide a copy of the personal information, the person must do so within 14 days of the request.

99J—Keeping personal information listed

Under this proposed section, it is an offence to keep personal information in the database for longer than 3 years, or a shorter period where that information is required to be removed under the national privacy principles before 3 years. The provision does not limit the operation of the rest of the Part or any law relating to removal of personal information. The proposed section also contains a definition for national privacy principles, which refers to the principles stated in Schedule 3 of the Privacy Act 1988 of the Commonwealth.

99K—Powers of Tribunal

This proposed section enables the Tribunal to make orders against landlords and their agents, as well as database operators, to ensure compliance with the Part.

99L—Notifying relevant non-parties of Tribunal order about listing

Where the Tribunal makes an order that a person must amend or remove personal information about a person from a residential tenancies database, the Tribunal must notify the party of the order if the person is not a party to proceedings.

67—Amendment of section 100—Residential Tenancies Fund

References to security are changed to bond by this clause.

68—Amendment of section 101—Application of income

Amendments to section 101 make it clear that income derived from investment of the Residential Tenancies Fund may be applied towards the costs of administering and enforcing the Residential Parks Act 2007 as well as the Residential Tenancies Act 1995. Further, under the section as amended, income derived from investment of the Fund may be applied towards:

the education of landlords, tenants, rooming house proprietors, rooming house residents and park owners and residents of residential parks about their statutory and contractual rights and obligations, and for other educational purposes approved by the Commissioner for Consumer Affairs; and

towards the costs of projects directed at providing accommodation, or assistance related to accommodation, for the homeless or other disadvantaged sections of the community; and

on research, approved by the Commissioner, into—

the availability of rental accommodation within the community; and

areas of social need related to the availability (or non-availability) of rental accommodation or particular kinds of rental accommodation; and

other matters connected with, or arising under, the Residential Tenancies Act 1995 or the Residential Parks Act 2007; and

for the benefit of landlords, tenants, rooming house proprietors, rooming house residents and park owners and residents of residential parks in other ways approved by the Commissioner; and

for any other purposes connected with, or arising under, the Residential Tenancies Act 1995 or the Residential Parks Act 2007 approved by the Commissioner.

69—Substitution of Part 7

Rooming house agreements are currently regulated under the Residential Tenancies (Rooming Houses) Regulations 1999. As a consequence of the insertion of proposed new Part 7 by this clause, those Regulations will be redundant. The proposed Part contains detailed provisions regulating rooming house agreements and provides consistency, where appropriate, with provisions in the Act relating to residential tenancy agreements.

70—Substitution of Part 8 Division 1

This clause inserts a new Division. Division 1 of Part 8 deals with conciliation and conciliation conferences for the purposes of attempting to resolve tenancy disputes.

Division 1—Conciliation

Subdivision 1—Definitions for this Division

106—Definitions

This section includes definitions necessary for the purposes of the new Division.

Subdivision 2—Conciliation of dispute by Commissioner

107—Conciliation by Commissioner

The Commissioner may conciliate a tenancy dispute if a party to the dispute applies to the Commissioner for conciliation or the registrar or a deputy registrar refers an application made to the Tribunal to the Commissioner for conciliation. The Commissioner may call a conference of the parties to the dispute for the purpose of attempting to resolve the dispute by agreement.

Subdivision 3—Conciliation of dispute by Tribunal

108—Referral of dispute to conciliation conference

Before making an order to determine a tenancy dispute, it is the duty of the Tribunal under this section to use its best endeavours to bring the parties to the dispute to a settlement that is acceptable to the parties. The Tribunal may refer a tenancy dispute to a conference of the parties to the dispute to explore the possibilities of resolving the matters at issue by agreement. Each party to the dispute (or a representative) may be required by the Tribunal to attend the conference. A member of the Tribunal, the registrar or another officer of the Tribunal authorised by the Presiding Member will preside at the conference. If a party to a tenancy dispute fails to attend a properly convened conciliation conference, the Tribunal may determine the proceeding adversely to the absent party and make any appropriate orders.

Subdivision 4—Duties and procedure

108A—Duties of conciliators

Conciliators have the following functions in the conciliation of a tenancy dispute:

to seek to identify the issues in dispute and to narrow the range of the dispute;

to encourage the settlement of the dispute by facilitating, and helping to conduct, negotiations between the parties to the dispute;

to promote the open exchange of information relevant to the dispute by the parties;

to provide to the parties information about the operation of the Residential Tenancies Act 1995 relevant to a settlement of the dispute;

to help in the settlement of the dispute in any other appropriate way.

Subdivision 5—Procedure

108B—Procedure

This section specifies a number of procedural matters in relation to conciliation conferences. For example, a conference will be held in private unless the conciliator determines otherwise. The conciliator may exclude from the conference any person apart from the parties and their representatives. If the conciliator is not legally qualified, he or she may refer a question of law arising at the conference to a member of the Tribunal who is legally qualified for determination. A settlement to which a party or representative of a party agrees at a conference is binding on the party provided that it is not inconsistent with the Residential Tenancies Act 1995. The settlement must be put into writing and signed by or for the parties. The Tribunal may make a determination or order to give effect to the settlement.

108C—Restriction on evidence

Evidence of anything said or done in the course of conciliation under this Division is inadmissible in proceedings before the Tribunal unless all parties to the proceedings consent otherwise.

71—Amendment of section 110—Powers of Tribunal

The amendment made by this clause is consequential on the change in terminology from security to bond. Additional amendments make it clear that the Tribunal may terminate a rooming house agreement or reinstate rights under a rooming house agreement that have been forfeited or have otherwise terminated.

72—Amendment of section 113—Representation in proceedings before Tribunal

Section 113 deals with the right of a party to a tenancy dispute to be represented in Tribunal proceedings. The amendment made by this clause establishes that a rooming house proprietor may be represented at proceedings by an agent appointed to manage the premises on behalf of the proprietor. This puts rooming proprietors in the same position as landlords. Other amendments to this clause are consequential on proposed changes to conciliation conference provisions.

73—Amendment of section 114—Remuneration of representative

The amendment made by this clause is necessary because of the introduction of the option of conciliation conferences in relation to tenancy disputes.

74—Amendment of section 115—Contract to avoid Act

The maximum penalty for the offence of entering into an agreement to defeat, evade or prevent the operation of the Act is increased by this clause.

75—Repeal of section 116

This clause repeals section 116, which restricts a person's right to recover an overpayment of rent.

76—Insertion of section 117A

Proposed new section 117A provides that the liability to be prosecuted for an offence is in addition to any civil liability for breach of a residential tenancy agreement or rooming house agreement or any other civil liability the person may incur. This was previously stated at various places in the Act.

77—Amendment of section 119—Tribunal may exempt agreement or premises from provision of Act

This clause substitutes a new maximum penalty for the offence of contravening a condition to an order of the Tribunal under section 119.

78—Amendment of section 120—Service

Under section 120 as amended by this clause, a notice or document to be given to a person for the purposes of the Act may be transmitted by fax or email to a fax number or email address provided by the person for the purposes of service. The notice or document will be taken to have been given or served at the time of transmission. Section 120 is also amended so as to allow service to occur in a manner permitted by the Tribunal.

79—Amendment of section 121—Regulations

Under section 121 as amended by this clause, the maximum penalty that may be imposed by a regulation for breach of the regulation will be $5,000. The maximum expiation fee will be $315.

80—Substitution of Schedule

A new Schedule of transitional provisions is inserted.

Schedule 1—Related amendments

Part 1—Amendment of Fair Trading Act 1987

1—Amendment of section 30—Application of Part

A related amendment is made to Part 4 of Fair Trading Act 1987 (Fair reporting) so that the Part does not apply to a prescribed report that is provided through the use of a residential tenancy database to which Part 5A of the Residential Tenancies Act 1995 applies.

Part 2—Amendment of Residential Parks Act 2007

2—Amendment of section 29—Repayment of bond

Section 29 of the Residential Parks Act 2007 is amended so that bonds may be paid by, and refunded to, a third party.

Debate adjourned on motion of Hon. D.W. Ridgway.

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